Federal & State Regulations | Drug-free workplace - Tennessee

State Info

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Drug-Free Workplace Act

Tennessee’s Drug-Free Workplace Act provides that employers with five or more paid employees who contract with state or local government to provide construction services must submit an affidavit stating that the employer has a drug-free workplace program that complies with the Workers’ Compensation Premium Reduction law, at least to the extent required of governmental entities. Any private employer that certifies compliance only to the extent required by the Act will not receive any reduction in workers' compensation premiums and will not be entitled to the other benefits detailed in the Workers’ Compensation Premium Reduction law. Employers must obtain a certificate of compliance from the Department of Labor and Workforce Development. Different from federal law, this law requires drug testing.

Workers' Compensation Premium Reduction Law

Tennessee’s Workers' Compensation Premium Reduction law provides a five percent reduction on workers' compensation premiums to employers who establish drug-free workplace programs. Applicants and employees may be tested. An employee who is not in a safety-sensitive position can only be tested for alcohol under reasonable suspicion. An employee in a safety sensitive position may be tested for alcohol under additional circumstances. Drug testing is allowed for reasonable suspicion, routine fitness-for-duty (for public employers, certain positions only), follow-up, and post-accident.

Requirements include a written policy statement, a resource list of Employee Assistance Programs and other rehabilitation programs, and drug and alcohol testing.